Regular Council Meeting Minutes from May 22, 2018

REGULAR COUNCIL MEETING

MINUTES

TUESDAY

MAY 22, 2018

7:00 P.M.

The Regular Meeting of the Eastlake City Council was held at Eastlake City Hall, 35150 Lakeshore Boulevard.  The Meeting was called to order by Council President Mr. Meyers at approximately 7:10 p.m.

The Pledge of Allegiance was recited.

ATTENDEES

Members of Council in attendance were, Mr. Kasunick, Mr. Spotton, Mr. Evers, Mr. Overstreet, Mr. Zuren, and Council President Mr. Meyers.  Also in attendance was Council Clerk Mrs. Simons.  Mr. Hoefle was absent and excused.

Those attending from the Administration were Mayor Morley, Fire Chief Whittington, Police Chief Reik, CBO Menn, Service Director Rubertino, City Engineer Gwydir, Finance Director Schindel, and Law Director Klammer.

 APPROVAL OF AGENDA

Regular Council Meeting Agenda –May 22, 2018.

MOTION:  Mr. Zuren to approve the Agenda for May 22, 2018.  Mr. Spotton second.

ROLL CALL: Yeas unanimous.

Motion carried.  Agenda approved.

APPROVAL OF MINUTES

Regular Council Meeting Minutes- May 15, 2018.

Mr. Meyers: The minutes will be approved at the next Regular Council Meeting.

PRESIDENT'S REPORT

Meetings Scheduled

Mr. Meyers: The next Council-as-a-Whole Committee Meeting is scheduled for Tuesday, June 12, 2018 at 7:00 p.m. The Regular Council meeting will be convened immediately following the adjournment of the Council-as-a-Whole Committee meeting.

There were no questions for Mr. Meyers.

COMMUNICATIONS & PETITIONS

1. A communication from CBO Menn for a Conditional Use Permit to Dr. Asim Mahmood d/b/a Lake Erie Pet Clinic.

Mr. Meyers: This was discussed in Council-As-A-Whole and it is on this evening’s agenda.

2. A communication from the Administration regarding an update to the Lake County Solid Waste Management Plan.

Mr. Meyers: This was discussed in Council-As-A-Whole and it is on this evening’s agenda.

3. A communication from the Walter Drane Company regarding the April 2018 Codified replacement pages.

Mr. Meyers: This was discussed in Council-As-A-Whole and it is on this evening’s agenda.

4. A communication from Finance Director Schindel to accept the Tax Budget for 2019.

Mr. Meyers: This was discussed in Council-As-A-Whole and it is on this evening’s agenda.

5. A communication from Finance Director Schindel certifying that there are unpaid bills owed to the City of Eastlake.

Mr. Meyers: This was discussed in Council-As-A-Whole and it is on this evening’s agenda.

6. A communication from Finance Director Schindel recognizing Affirmative Further Fair Housing in the City of Eastlake.

Mr. Meyers: This was discussed in Council-As-A-Whole and it is on this evening’s agenda.

7. A communication from Finance Director Schindel to reappropriate the expenses beginning January 1, 2018 and ending on December 31, 2018.

Mr. Meyers: This was discussed in Council-As-A-Whole and it is on this evening’s agenda.

8. A communication from the Administration to authorize the Director of Public Safety to advertise for a Public Auction for the sale of various items deemed no longer usable by the City.

Mr. Meyers: This was discussed in Council-As-A-Whole and it is on this evening’s agenda.

10. A communication from CBO Menn regarding the Licensing of Non-Owner Occupied Family and Dwellings.

Mr. Meyers: This will be referred to the Ordinance Committee.

COMMITTEE REPORTS:

Mr. Meyers: There were no Committee Meeting held since our last Regular Council Meeting.  Mr. Zuren you had an ECDC Meeting.

Mr. Zuren:  Thank you Mr. President. We had an ECDC Meeting today at City Hall at 5:30 p.m.  We covered a variety of topics and the first thing that I want to do is congratulate Mr. and Mrs. Wilkins.  They were the family that we choose for the “Best Christmas Ever Event”, which was held last Christmas morning.  They gave birth to a baby girl earlier this month, Lola Jane Wilkins.  She was born at 6lbs. 2oz. and 171/2 inches long.  I just want to congratulate the Wilkins family.  We discussed the “Academic Excellence Award” that Mayor Morley and the ECDC will be handing out to the straight A students at Eastlake Middle School tomorrow; which is their last day of school.  There were thirty-four students in the sixth, seventh, and eighth grades that receive straight A’s for the full year.  They are going to receive an award and the Mayor has a Proclamation and they will also receive some goodies from various local businesses.  We also discussed the Trick-Or-Treat Street Event; which is going to be held on Vine Street through Eastlake and Willowick on Saturday, June 16th from 3:00 p.m. to 5:00 p.m.  There is a restaurant that we will be announcing in the next couple of days that will be holding a Halloween themed dinner.  Currently there are about 25 businesses that are signed up for this.  There is an event page and we are going to create a map about a week before the event for people to go trick-or-treating on June 16th.  That event is promote our local businesses, to drive new customers down to Vine Street, so that they can go down there with their families and they can see all the great things that Eastlake has to offer.  Hopefully they will come back and shop at our stores and use our services and products.  It’s really an outreach for the businesses to get more customers.  The last major thing that we discussed was the upcoming Music/Food Truck Event; which is going to be held on Sunday, July 15th from 2:00 p.m. to 8:00 p.m.  Currently the band Shadow of a Doubt will be playing from 4:00 p.m. to 7:00 p.m.  Prior to that we will have businesses with tables and there will be seven to eight food trucks with a nice variety of food.  Hero’s United will also be there and we are talking about kicking off the event with some activities for children, which we will be announcing in the next week.  With that I am open for questions.

There were no further questions for Mr. Zuren.

RECOGNITION OF THE PUBLIC:  1/2 hour, 3-minutes per person

Mr. Meyers recognized the public input at this time; he reminded the speakers that there is a 3-minute limit for their comments; all comments are to be directed to the Chair and not include any personalities or individuals.

Mark Hendricks

Mr. Hendricks: I own some smoke detectors in my house and there is no doubt that they work and they are very beneficial.  But these smoke detectors have a shelf life of approximately ten years.  After ten years you cannot get rid of them, you can’t throw them out, you can’t take them to the solid waste recycle and I am at a loss as to what to do with them.  Could somebody guide me on that?

Chief Whittington: Have you tried to take it out to Lake County for this?

Mr. Hendricks: Yes and they refer to it…because it has a small radioactive chip in it and they don’t want anything to do with it.  So is there any place that I could take this too?

Chief Whittington: I will check it out just to make sure.  Typically what people have been doing is throwing them away quit honestly.  So when we do get the requests I could follow up with you.  I will send a text message…are you going to be here for the rest of the meeting?

Mr. Hendricks: Yeah I’ll be here for the rest of the meeting.

Chief Whittington: I’ll see if I can up with an answer for you.

Mr. Hendricks: Okay and thank you.

Angelique Mendato, 36251 Reeves Road, Eastlake, Ohio

Ms. Mendato: I am here to request a solution to the speeding issues on the stretch of Reeves Road between Brook Drive and Rural Drive.  I’ve lived on that corner for 42 years and I grew up in one house and moved a few houses down.  I’ve watched the traffic increase over the years and people speed, what appears to be much, much faster than 25mph.  I know that we used to have a policeman that would sit on that corner for years and it helped, but I know that given our resources we don’t always have that today.  Just within the past year three incidents have occurred to my knowledge.  On a Sunday afternoon last May a woman drove over the sidewalk and took out a fire hydrant.  This was after my six year old nephew rode his bike over to my house at 2:00 o’clock in the afternoon.  A couple of months ago on a Sunday night a man wrapped his car around the telephone poll on Brook Drive.  Right by my house I heard it and ran out.  Again I don’t know the details of the incident, but he was again over the sidewalk.  A couple of weeks ago a car drove over the sidewalk again and into my lawn leaving tire tracks and taking off.  Just a few days ago my sister-in-law was driving past my house and told me that a car was following her and since she was going the speed limit…right in front of my house on that strip they treat it like a race track and go around the cars to get passed.  So while my children are teenagers and adults at this point I’ve counted eight total active bus stops between the hill on Brook Drive and around the corner to Creek View.  There are around fifteen school aged children right now.  So my primary concern is that there are these fifteen school aged children living on the corner and playing near these sidewalks, there is also a cross walk that was put in from the sidewalk on that corner that crosses over to Rural Drive to go to the Metro Parks.  There are a lot of people using the sidewalks more than ever walking baby strollers, dogs, and kids, so my ask is for a solution and I don’t know the right way to go about it; if it’s a speed meter or a camera to remind people of their speed, or what further action I need to take.

Mr. Meyers: Chief Reik?

Chief Reik: We do have a radar trailer that we just got back up and running and it went out last week.  We can put it in that area and hopefully the people who are going faster and who aren’t intentionally doing it; it will give them another reminder.  Summer always does seem to pick up the speed a little bit and plus our windows are down so we hear a little bit more.  Two of the incidents that you spoke of I know were either drug or alcohol related or both.  Being the curves and stuff if someone is intoxicated obviously it is going to be even tougher road to navigate.  All the way back to either 1995 or 1996 when they redid the road and made it as drivable and nice as it is with the cut through to get up to the freeway.  I know that we do have a lot of traffic there plus with the Metro Parks now, so we will in addition put something in Roll Call so people try to get down there during their non-directed time.  And between a few stops maybe a few tickets and a radar trailer hopefully that will help.  If you see anything specific times or a guy down the street driving a yellow Camero…that type of stuff you can call me directly and we can try and address those without bringing any individual people into the fray so to speak.

Ms. Mendato: Thank you.

 There was no one else wishing to speak.

LEGISLATION PROPOSED: First number will be 2018-041

05-22-(01)                            ORDINANCE NO.: _____________

Requested by: Planning Commission

Sponsored by: Council

An Ordinance amending Section 1163.07,"Variance Powers," of the Codified Ordinances of the City of Eastlake, specifically repealing and replacing the entire Section 1163.07, and declaring an emergency.

MOTION:  Mr. Zuren moved to suspend the rules requiring separate readings and reading in full.  Mr. Kasunick second.

ROLL CALL: Yeas unanimous.

MOTION:  Mr. Zuren moved to adopt.  Mr. Kasunick second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No.: 2018-041.

05-22-(02)                               ORDINANCE NO.: _______________

Requested by: Finance Director Schindel

Sponsored by: Ordinance Committee

An Ordinance amending Section 107.10, "Collateral For City Funds," specifically Subsection (a), of the Codified Ordinances of the City of Eastlake, and declaring an emergency.

MOTION:  Mr. Overstreet moved to suspend the rules requiring separate readings and reading in full.  Mr. Zuren second.

ROLL CALL: Yeas unanimous.

MOTION:  Mr. Overstreet moved to adopt.  Mr. Zuren second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No.: 2018-042.

05-22-(03)                               ORDINANCE NO.: ____________

Requested by: Administration

Sponsored by: Ordinance Committee

An Ordinance to establish Fund 801,"Payroll Reserve Fund,” of the Codified Ordinances of the City of Eastlake, and declaring an emergency.

MOTION:  Mr. Zuren moved to suspend the rules requiring separate readings and reading in full.  Mr. Overstreet second.

ROLL CALL: Yeas unanimous.

MOTION:  Mr. Zuren moved to adopt.  Mr. Overstreet second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No.: 2018-043.

05-22-(04)                               ORDINANCE NO.: ___________

Requested by:             Planning Commission

Sponsored by: Planning Committee

An Ordinance authorizing the issuance of a Conditional Use Permit for a Wellness Veterinary Clinic to Dr. Asim Mahmood, d/b/a Lake Erie Pet Clinic, 35125 Vine Street, Eastlake, Ohio, and declaring an emergency.

MOTION:  Mr. Evers moved to suspend the rules requiring separate readings and reading in full.  Mr. Spotton second.

ROLL CALL: Yeas unanimous.

MOTION:  Mr. Evers moved to adopt.  Mr. Spotton second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No.: 2018-044.

05-22-(05)                               RESOLUTION NO.: ________

Requested by:  Administration

Sponsored by:  Council

A Resolution approving the Solid Waste Management Plan Update (March, 2005) of the Lake County Solid Waste Management District, and declaring an emergency.

MOTION:  Mr. Overstreet moved to suspend the rules requiring separate readings and reading in full.  Mr. Zuren second.

ROLL CALL: Yeas unanimous.

MOTION:  Mr. Overstreet moved to adopt.  Mr. Zuren second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No.: 2018-045.

05-22-(06)                               ORDINANCE NO.: _________­­­

Requested by: Clerk of Council

Sponsored by: Council

An Ordinance to revise the Codified Ordinances by adopting current replacement pages, and declaring an emergency.

MOTION:  Mr. Spotton moved to suspend the rules requiring separate readings and reading in full.  Mr. Evers second.

ROLL CALL: Yeas unanimous.

MOTION:  Mr. Spotton moved to adopt.  Mr. Evers second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No.: 2018-046.

05-22-(07)                               RESOLUTION NO.: ___________

Requested by: Finance Director Schindel

Sponsored by: Finance Committee

A Resolution accepting the Tax Budget for 2019 as presented by the Director of Finance, and declaring an emergency.

MOTION:  Mr. Evers moved to suspend the rules requiring separate readings and reading in full.  Mr. Spotton second.

ROLL CALL: Yeas unanimous.

MOTION:  Mr. Evers moved to adopt.  Mr. Spotton second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No.: 2018-047.

05-22-(08)                               RESOLUTION NO.: _______________

Requested by: Finance Director Schindel

Sponsored by: Finance Committee

A Resolution certifying that there are unpaid bills owed to the City of Eastlake, and authorizing and directing the Lake County Auditor to place these bills on the tax duplicate for collection of payment, and declaring an emergency.

MOTION:  Mr. Zuren moved to suspend the rules requiring separate readings and reading in full.  Mr. Overstreet second.

ROLL CALL: Yeas unanimous.

MOTION:  Mr. Zuren moved to adopt.  Mr. Overstreet second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No.: 2018-048.

05-22-(09)                               RESOLUTION NO.: ___________

Requested by:  Administration

Sponsored by:  Council

A Resolution recognizing the broad duty to Affirmatively Further Fair Housing in the City of Eastlake, Lake County, Ohio, and declaring an emergency.

MOTION:  Mr. Spotton moved to suspend the rules requiring separate readings and reading in full.  Mr. Kasunick second.

ROLL CALL: Yeas unanimous.

MOTION:  Mr. Spotton moved to adopt.  Mr. Kasunick second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No.: 2018-049.

05-22-(10)                            ORDINANCE NO.: _______________

Requested by: Finance Director Schindel

Sponsored by: Finance Committee

An Ordinance to reappropriate for the expenses of the City of Eastlake, State of Ohio, for the period beginning January 1, 20­­18 and ending December 31, 2018, and declaring an emergency.

MOTION:  Mr. Evers moved to suspend the rules requiring separate readings and reading in full.  Mr. Spotton second.

ROLL CALL: Yeas unanimous.

MOTION:  Mr. Evers moved to adopt.  Mr. Spotton second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No.: 2018-050.

05-22-(11)                               RESOLUTION NO.: ________

Requested by:  Administration

Sponsored by:  Council

A Resolution authorizing and directing the Director of Public Safety to advertise for a Public Auction for the sale of various items deemed no longer usable by the City of Eastlake, and declaring an emergency.

MOTION:  Mr. Spotton moved to suspend the rules requiring separate readings and reading in full.  Mr. Kasunick second.

ROLL CALL: Yeas unanimous.

MOTION:  Mr. Spotton moved to adopt.  Mr. Kasunick second.

ROLL CALL: Yeas unanimous.

Motion carried. Legislation is adopted as Resolution No.: 2018-051.

LEGISLATION PENDING:

There was no Legislation Pending.

UNFINISHED BUSINESS

There was no Unfinished Business.

NEW BUSINESS

There was no New Business.

ADMINISTRATIVE REPORTS:

MAYOR/SAFETY DIRECTOR – Dennis Morley

Mayor Morley: Thank you Mr.  President and welcome everyone to this evenings meeting.  I’ve been getting a lot of calls on the Erie Road traffic with the trucks that First Energy is bringing in.  I did put it in my last article that they are knocking down the coal pile and putting in topsoil, eventually they are going to plant grass.  I actually talked to First Energy again today because we have some residents that are looking to get car wash vouchers, because of the dirt on the road.  I was there today and the dirt was pretty good.  I don’t know what it was like last week, we’ve been managing.  If some residents that don’t want the water down and I have some residents that do want the water down, so we are trying to find a happy medium with First Energy to that point.  That should be going on until June or the beginning of July.  I met with a group of residents on the erosion of Lakeshore Boulevard…I had Senator Yuko in here a couple of days ago and we met with some residents on Lakeshore Boulevard.  Willowick is having the same and Willoughby is having area and again this is on private property and the residents are aware of that.  There is no funding from us the issue that they are having is trying to get with ODNR to get some help and get the permits in a timely fashion.  On June 14th at NCI in Eastlake it’s a tentative schedule for Senator Yuko, Senator Eklund, State Representatives’ Rogers and Young, and the three Mayors will be there to meet with some of our residents and ODNR will come in for that.  The Memorial Day Service will be here on Monday at 11:00 a.m. with the VFW 3863 and American Legion 678.  Obviously everyone sees that the weather and we are getting tons of rain I saw an article today and we try to keep up as much as possible on…if you have a catch basin in your area or the street that you live on just try and pay attention to all the grass and everything that is building up.  We do have an ordinance that you are not supposed to blow your grass into the street, but especially with the contractors the people doing yard work they are just blowing all the grass and it gets into the catch basin.  When it is pouring rain obviously it clogs it up and the water can’t get down there to move it.  This year so far we’ve had more rain then we want to see.  The river has been high and the water level in the lake is high so we’ve been looking at that.  Congratulations to the graduates of North and South High Schools and to all the teachers that helps the students all year to get them to graduate and I hope the best for all of them in their next endeavor.  We’ve had a couple of deaths over the last couple of weeks former Mayor Becker’s wife Doris passed away, Joe Semonitous from post 678 who has been involved with the American Legion and the Boulevard of 500 Flags, so our condolences to their families.  The Miracle League again…with the way that the weather has been we are behind there.  We were hoping to have the field in this week…they were supposed to start yesterday and they could not do that.  We are tentatively looking at a ribbon cutting on July 14th with a game starting on July 21st.  You can sign the kids up through the YMCA Western Lake County.  That concludes my report and I am open for questions.      

There were no questions for Mayor Morley

FIRE CHIEF – Ted Whittington

Chief Whittington:  Thank you Mr. President.  This is what I found on smoke detectors.  Try to identify what kind you have, because there are two different types.  You will either have the photo electric or ionization.  It will actually say photo electric or ionization or it will have a P or an I.  Ionization is actually the one that has the radioactive material in it, so there should also be a warning label that says something about radioactive material.  If it’s a photo electric it is safe to throw in the trash.  The only thing that I can say and I have reached out to some Health Department people…the thing that they are recommending with the ionization is to look at the manufacture and call to see if you send it back to them.  They are recycling that material now, so you can actually send it back.  I know that it is a cost to you but if you package up your smoke detector and send it back sometimes they will reuse that source that’s in there.

Mr. Hendricks: I don’t want these things glowing at night in my trash.

Chief Whittington: Honestly and truly the amount of radioactive material is so small in there that it shouldn’t present any hazard to anybody.  You will probably get more out of your UV lights and stuff like that.  From a health prospective they don’t cause much of a health…I think from a recycling point of view it will probably be your best bet.

Mr. Hendricks: I know that we are recycling everything.

Chief Whittington: So if you run into any gaps you can just call the Fire Station and I will see what I can do to keep helping you out.

Mr. Hendricks: Alright and thank you very much.

Chief Whittington: Other than that I am open for questions.

There were no questions for Chief Whittington.

POLICE CHIEF – Larry Reik   

Chief Reik:  Thank you and we conducted interviews and we offered a couple new jobs to new employees to fill in the two retirements.  Which we will have their parties on Friday and they are both off the schedule.  One is soon to be off the books and one will be off the books in August.  We are hiring the replacements from the bottom, doing promotional to fill those spots.  So a lot of changes are going on and we are fortunate to get two solid candidates and I am looking forward to them getting started.  Once we have the final go ahead from medical and such…so probably the next meeting I will give you names and hopefully with your approval we will do some type of swearing in for the new hires and down the road for the promotional.  Safety Town is coming up so if anyone is still interested please let us know.  Pass it onto friends and family including those out of the city.  I believe that they are taking applications to make sure that we have a good number that can be…just to make sure that everyone’s time is used wisely.  Other than that I am open for questions.

There were no questions for Chief Reik.

CHIEF BUILDING OFFICIAL – David Menn

Mr. Menn: Thank you.  Just to let you know that we are in our peak season right now and obviously grass is growing like crazy as I mentioned last week.  There is just myself and one other person that tries to cover the whole city.  I do get help from other Directors, but we are trying to get there as quickly as we can and we do understand that it is raining, so we try to work with people.  If they call us we will work with them and that is it.

There were no questions for Mr. Menn.

SERVICE DIRECTOR – Nick Rubertino

Mr. Rubertino:  Good evening everybody.  We continue to work on our pothole debacle, which we are all very well aware of how bad it is.  It is bad every single…area we have is bad and we are out there every day.  All I can tell you is that if you get them that are called in or there is an issue directly with one we try and get that one immediately, so that there isn’t an incident.  We are out there every day doing them.  We started up on our catch basin repairs and the grass is out of control.  We’ve had City Hall fertilized as a donation I believe and it is crazy and we are trying to keep up with it the best that we can.  Tonight we have the Cub Scouts in front of City Hall.  They’ve donated their time to weed the front bed as well as plant flowers, so I would like to give them a shout out for helping us do that.   I am open for questions.

There were no questions for Mr. Rubertino.

CITY ENGINEER – Tom Gwydir

 Mr. Gwydir: Thank you Mr. President, Members of Council, and Mr. Mayor.  Putting the finishing touches on two OPWC applications, one for Willowick Drive, which is in dismal condition and the other one is for Glenn Drive.  I believe those are due a week from Friday.  I will also be seeking permission from the Mayor to go to bid on the Waverly One Relief Sewer that we had discussed at the WPCC Committee Meeting and with that I am open for questions.

There were no questions for Mr. Gwydir.

FINANCE DIRECTOR – Carol-Ann Schindel

Ms. Schindel had nothing to report at this evenings meeting.

There were no questions for Ms. Schindel.

LAW DIRECTOR – Randy Klammer

Mr. Klammer had nothing to report at this evenings meeting.

There were no questions for Mr. Klammer.

ADJOURNMENT

The meeting was adjourned at approximately 7:41 p.m.

 

 

 ___________________________________

JOHN MEYERS, COUNCIL PRESIDENT

 

 

APPROVED: ______________________

 

 

ATTEST: _____________________________________

TRACY M. SIMONS, CLERK OF COUNCIL

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